MUHAMMAD AFZAL vs The STATE
This review petition was filed challenging the judgment of the Supreme Court of Pakistan dated 31st May 1980 on the ground that it constituted a nullity in law. The petitioner contended that the appeal was originally heard by a four-Judge Bench comprising the Chief Justice and three other Judges, but due to an inadvertent omission of the Chief Justice's name from the judgment sheet panel, the draft judgment was never circulated to him for his opinion, resulting in a judgment delivered by only three Judges. The Supreme Court acknowledged the substance of this submission, observing that the failure to circulate the judgment to a member of the Bench who had heard the appeal constituted a serious shortcoming requiring the rehearing of the appeal. Consequently, the Supreme Court allowed the review petition, recalled its previous judgment dated 31st May 1980, and directed that the main appeal be listed for rehearing before the Bench.
- Whether a judgment delivered without circulating the opinion to a member of the Bench who heard the appeal is a nullity in the eye of law?
- Can a judgment be recalled on review if a Judge who originally heard the appeal was inadvertently omitted from giving his opinion?
ORDER
1. MUHAMMAD HALEEM, J.--In this review petition, the grievance of the petitioner is that although the appeal was heard on 18th l.February, 1980, by a Bench comprised of the Chief Justice, myself, G.
2. Safdar Shah and Muhammad Afzal Zullah, JJ., yet the opinion of the Court as delivered on 31st of May, 1980, at Lahore, by only three Judges, that is myself, G. Safdar Shah and Muhammad Afzal Zullah, JJ and as such, it was a nullity in the eye of law. This submission has substance for, in fact, the appeal was heard, as contended above, by the Chief Justice as inadvertence his name was omitted from the panel of the Judges mentioned in the judgment sheet therefore, the copy of the judgment was not circulated to him and he did not give his opinion accordingly which shortcoming opinion, merits rehearing of the appeal. Accordingly, he would recall the judgment dated 31st of May, 1980, and direct that the appeal be listed for hearing before the present Beach, hearing the review petition, on 25th of November, 1980, with notice to the Advocate-General, Punjab. The counsel for the petitioner is notified of the date.
3. Review allowed.